Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Zamindari Abolition and Land Reforms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Zamindari Abolition and Land Reforms Act, 1951-Sections 2, 4,14, 130, 133, 200(c), 209 and 210.Mortgage of suit land-By rent-free grantee of the land-Thereafter theland sold-Zamindari Abolition Act made applicable to the land byNotifications-Effect on the rights of mortgagors and mortgagees-Suit foreviction of mortgagee-Eviction denied by trial court-Appellate court allowedthe eviction-Order of trial court restored in review-In writ petition HighCourt allowed the eviction-On appeal-Held, mortgagees are liable to beevicted-Rights of mortgagors under Zamindari Abolition Act did not come toan end by virtue of Section 158 of Agra Act in absence of any finding withregard to fulfillment of the requirements necessary to be covered under theSection-Mortgagees not entitled to claim any right either under Agra TenancyAct or under Zamindari Abolition Act-Possession of mortgagees cannot besaid to be adverse to that of the mortgagor-In view of Sections I 30 and 133of Zamindari Abolition Act, a rent free grantee/mortgagors became bhumidarand the mortgagee from a bhumidar became asami-Hence as bhumidars,mortgagors entitled to seek eviction of the mortgagees (asamis) on depositingthe mortgage money under Section 200(c)of the Zamindari Abolition Act-Transfer of Property Act, I 882-Section 58-Agra Tenancy Act, Section I 58. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2003 INSC 143 |
Petitioner | Thakur Prasad (dead) Through Lrs. |
Respondent | Raj Karan (dead) By Lrs. And Ors. |
SCR | [2003] 2 S.C.R. 591 |
Judgement Date | 2003-03-04 |
Case Number | 865 |
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